no-ncat-uncg-jmc-was-designated-031626

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"News and Views of People of Color in the Triad and Beyond

No statutory NCGS: 116-198.34. (8b) NC A&T/ UNCG Joint Millennial Campus was designated by UNC Board of Governors and Lawfully for Lease to Gateway Research Park


Jehovah, ultimate father to all and defender of the disenfranchised, steps out of the background into the foreground on behalf of enslaved people in the most powerful county at that time.

HBCU Stem Conference at NCA&T Photo Courtesy NCA&T

In North Carolina In North Carolina Agricultural And Technical State University, where the student made the bricks to build the building in which to be educated, the LORD established a Land Grant University where the sons

and daughters of former

slaves and slave owners, coal miners daughters and sons, alleged trailer park trash, working people, and the disenfranchised World Wide, can potentially move pass their pass, working together through shared experiences and competition, potentially embracing the ideal they don't have to kill each other, as they prepare for their future in an education setting accessing world wide education opportunities at the

highest levels. NC A&T working with others institutions shall established joint academic programs with other HBCUs expanding institutions offering jobs with a future. People of Color world wide shall opportunities other than sports and entertainment. His Plan.

"The goal isn't to expand mankind's body of knowledge so much as it is to expand the local economy." [19]

Rewinding to 1991-92, at bequest of UNC Board of Governors NC Legislature enacted NC GA § 116‑252. Piedmont Triad Graduate Engineering Program in support faculty and graduate students involved in engineering at the campuses of The University of North Carolina. In doing so UNC Board of Governors rejected a $20 Million dollar NCA&T/UNC-G Engineering and Science Research Center.

Reported in the Media: " "but that center [Piedmont Triad Engineering Research Center] contains no role

for UNCG, which had hoped to get several doctoral level programs out of a joint engineering and science research center with A&T", emphasis added; "UNCG/A&T proposal had won the enthusiastic endorsement of top Greensboro business leaders. Acting through the Greensboro Development Corp., they last year commissioned a $300,000 study to determine what areas of research at UNCG/A&T center could engage in to the benefit of the Triad economy and its industries"; and I'm

[banker E.S. ``Jim'' Melvin, chairman of the Greensboro Development Corp convinced it [Research Center] is the thing to do, but we've got to work through the university system, build the case for it and get it high on the board's priority list. That's going to

take some time.'' reported Jack Scism TRIAD SCIENTIFIC RESEARCH CENTER: VIABLE DREAM OR PIE IN THE SKY? , JACK SCISM, Greensboro News & Record - Monday, July 20, 1992 . (emphasis added) . Their Plan

Reported in the Media: Last month, the members [Greensboro Area Chamber of Commerce] came up with a recommendation: a Knowledge Campus, " more commonly known as a research park. this campus would house N.C. A&T's and UNC-G's flagship research programs, like engineering and biotechnology" There, cutting-edge research could be spun off into startup businesses and lure exiting ones from other parts of the nation. Young people would flock to Greensboro for a shot at high-paying, high-tech jobs with a real future. Emphasis added. Could Greensboro Support Research Park? News & Record Oct.19.1997 Beth McMurtrie.

No statutory NCGS: 116-198.34. (8b) NC A&T/ UNCG Joint Millennial Campus was designated by UNC Board of Governors ("UNC BOG"), enabling Greensboro Center for Innovative Development, Inc. ("GCID") to administer the educational, research, and economic development mission of Joint Millennial Campus; UNC BOG/ UNC System Office de facto designated millennial campus\ NCA&T/UNCG Joint Millennial Campus & Joint School of Nanoscience and Nanoengineering, serves as conduit diverting NCA&T proposed university millennial campus

75-acres of farmland, USDA sole source agreement to located building on NCA&T millennial campus, Federal Research and Academic programs, to be accessed by HWI UNC Greensboro, Gateway Research Park, Inc., businesses, and addition UNC constituents institutions and other institutions, as UNCG/NCA&T Joint Millennial campus, aka, Gateway University Research Park; No lawful lease was executed by UNC Board of Governors/UNC System Office to GCID for Session Law 2003-284, Section 6.20, land and facilities and 75-acre parcel of NCA&T Farmland.

GS. 116-198 (8B) Article 21B. Acting on recommendation made by the President of The University of North Carolina after consultation by the President with the

Chancellor and the Board of Trustees of a constituent institution, to designate real property held by, or to be acquired by, a constituent institution as a Millennial Campus" of the institution. That designation shall be based on an express finding by the Board of Governors that the institution desiring to create a "Millennial Campus" has the administrative and fiscal capability to create and maintain such a campus and provided further, that the Board of Governors has found that the creation of the constituent institution's "Millennial Campus" will enhance the institutions research, teaching, and service missions as well as enhance the economic development of the region served by the institution. Upon formal request by the constituent institutions, the Board of Governors may authorize two or more constituent institutions which meet the requirements of this sections t create a joint Millennial Campus. Video

Board of Governors' 2023 document institutions with millennial campus designations and the UNC System, do not indicate NCA&T/UNCG Joint Millennial Campus (Gateway Research Park).

§ 116-198.34. General powers of Board of Governors. The Board may exercise any one or more of the following powers: (1) To determine the location and character of any project or projects, and to 1 acquire, construct, and provide the same, and to maintain, repair, and 2 operate, and to enter into contracts for the management, lease, use, or operation of all or any portion of any project or projects and any existing 4 facilities.

Lacking and designated NCA&T/UNCG joint Millennial Campus, the Board of Governor lacked authority pursuant GS 116-198.34 (1) to enter into contracts for the management, lease, use, or operation of all or any portion of any project or projects and any existing facilities.

North Carolina A&T Millennial Campus

HBCU institution North Carolina A&T, one of the state's two land grant institutions, has programs throughthe doctoral level. Its programs include engineering, arts and sciences, agricultural and environmental sciences, business and economics, education, nursing, technology, and graduates studies. “ The expected roles of a land-

grant institution, is teaching agriculture and engineering, and providing cooperative extension services”. NC A&T's 2001 amend University Master Plan called for developing 75 acres of land along East Lee Street targeted to develop new opportunities for both research and education in both the private and academic arenas between the University's technology and agricultural research and its students, which didn't include across-town historical white UNC Greensboro and its affiliated members of the Greensboro business community.

Negotiation began in 2002 and September 2004 NC A&T State University celebrated

the sighing of Memorandum of Understanding with the U.S. Department of Agriculture (USDA) with the opening of the National Resources Conservation Services Eastern Regional Technology Center whose service area consisted of 24 states and the Caribbean area. The Greensboro Center was also home to the remote

sensing lab. The Memorandum of Understanding says A&T has a working farm with modern facilities and farm equipment. NRCS will benefit from the use of this farm by being able to provide hands-on training to NRCS employees. NRCS can sponsor field studies that can serve as

demonstrations to both NRCS trainees and also local and regional farmers. A negotiated action under Solicitation 5NC0075 resulted in a non-competitive award to locate the USDA Natural Resources Conversation Service's East National Technical Center and East Remote Sensing Laboratory on the North Carolina A&T State University Millennium Campus.

Emerging from a legislative mandated study HB 1264 , Staying a Step Ahead, to ensure the State's citizens are academically prepared and equipped for current job opportunities and jobs of the future in North Carolina's growing knowledge

economy, explicitly referred to research clusters Public Health, Biotechnology, Bio & Food Sciences, Advanced Materials & nanotechnology, Computational Science & Engineering, Leadership & Community development, Information Sciences & Technology, Transportation & Logistics, and Energy & Environment created by HBCU NCA&T.

Nanotechnology should be NC A&T Signature Program

“Signature programs” have been defined as those that are distinctive, that build on existing strengths, that advance the institution’s profile, and that serve regional and/or state economic transformation needs."

"It is predicted that nano scale science will change the nature of almost every human-made product this century. This field has great potential applications in materials, medicine, electronics, optics, data storage, advanced manufacturing, environment, energy, and national security. PCG/UNC-NCCS/UNC Interim report3. doc/RB.SP.PC.CR.Atpcc.I /CC.14/10May05 page 109]

Historical Black Land Grant NC A&T was listed as University focus on Nanotechnology May 2005.
Crosstown PWI UNC Greensboro was not listed as a University focused on Nanotechnology and Gateway University Research Park did not exist.

Staying a Step Ahead (HB 1264(7)(2003-04)) the Legislature mandated the Board of Governors emphasized existing and new programs at Liberal Arts Universities specifically aimed at meeting business, industry, workforce, and career needs of North Carolina in the State's changing and growing knowledge-based economy, taking into account, as appropriate, State and regional economic strategies.

Its [UNCG] historically strong programs in music, education and nursing are not the kinds of programs that spin off research and development or software companies to fuel high tech economies [Ken Mayer, Editorial, UNCG, A&T University will need to be leaders in the charge for high-tech industry in the Triad, Triad Business Journal Nov 9, 1998] ( Ken Mayer is former Chairman UNCG BOT 2003-2004 & 2004-2005.

The University of North Carolina at Greensboro 2003-2004 Profile

With the source of enrollment growth being minorities as white enrollment leveled off across the University of North Carolina, Guilford Technical Community College experiencing record enrollment, ECPI University and ITT Tech offering addition technology based education in the Triad education market place. What’s left on the plate for Majority serving Liberal Arts UNCG with a potential national and

regional prominent HBCU NCA&T across town? Would political astute business organization affiliated UNC-G use political connections to reposition Majority serving UNC-G in and Minority serving NCA&T out? UNC-G 2003-08 formulated a 2003-08 academic plan to establish a joint Millennial campus with NC A&T.

"Last year, the development corporation proposed the idea of developing a UNCG/A&T Knowledge and Industry Campus, perhaps in southeast Greensboro...This would be the beginning of our version of N.C. State's Centennial Campus." [Ken Mayer, Editorial, UNCG, A&T University will need to be leaders in the charge for high-tech industry in the Triad, Triad Business Journal Nov 9,1998] Ken Mayer former Chairman UNCG BOT 2003-2004 & 2004-2005.

Notwithstanding NCA&T's 2001 Master Plan update calling for establishing a university Millennial

Campus at the farm, credited in the media as the work of UNC-G district NC Senator Kay Hagan, June 30, 2003, the General Assembly, Session Law 2003-294, Section 6.20, reallocated former Central School of the Deaf from the State property Office to UNC BOG to be used for the establishment of Millennium campuses of the University of North Carolina at Greensboro and North Carolina Agricultural and Technical State University.

UNC Board of Governors Committee for Budget and Finance July 2003 recommend Law 2003-284,Section 6.20 Transfer of Land for the Millennium Campuses of UNC Greensboro and NC A&T State University.

In 2003 Chancellor Renick was President of the Greensboro Merchants Association and on Greater Greensboro Chamber of Commerce Board of Directors. NCA&T Board of Trustees minutes allege, February 19, 2003, NC A&T Chancellor Renick stated that he wanted to make the Board aware of a potential real estate opportunity based on a collaborative arrangement with UNC-Greensboro regarding the North Carolina School for the Deaf- a property that has been vacated. The Chancellor indicated that a proposal has been submitted to the Department of Administration to craft a partnership between the two universities Conversations between the two Chancellors and Provosts have been ongoing to work out the logistics.

Universities Chancellors Dr. Patricia Sullivan and Dr. James Renick signed off on Articles of Incorporation of Nonprofit Greensboro Center for Innovative Development, as Natural persons, August 6, 2003, over 18 years old. NCA&T and UNCG Chancellors, etc. Sept. 23rd, 2003, announced a two campus Joint Millennial Campus called the Greensboro Center for Innovative Development. Articles of Incorporation for Nonprofit Greensboro Center for Innovative Development, were filed Oct. 30, 2003. UNCG Counsel Skip Capone was listed as Enrolled Agent and the Address of Corporations was UNCG (1000 Spring Garden St.) The Business Journal (Triad) alleged "UNCG Chancellor Patricia Sullivan and NC A&T Chancellor James Renick will announce initial plans for the 75- acre North Carolina School for the Deaf. Instead News Reports and web posting indicate Sept. 23rd, 2003, NC A&T and UNCG Chancellors Renick and Sullivan announced a proposed two site Joint Millennial Campus called the Greensboro Center for Innovative Development consisting of a North and South Campus. The North Campus was to consist of land and facilities that constituted the former School of the Deaf transferred to UNC-Board of Governor to establish Millennial Campuses. The South campus was purported to consist of 75 acres of NC A&T farmland. [see UNCG, N.C. A&T to Develop Joint Millennial Campus.]

Reported in the media ""with top administrators from both schools gathered in private meetings over the summer, A&T Chancellor Jim Renick decided to put a portion of the Aggie farm in play. Emphasis added. "When we got more into the discussions about the deaf school property, it seemed like an incredibly powerful moment to extend the conversation," he says. " * *""Once we became aware of the opportunities for the deaf school and started talking about working together on that, it became clear that we needed to think beyond just that location," says UNCG Chancellor Patricia Sullivan. [ Triad Talk New leaders on economic front Justin Catanoso , The Business Journal, Sep 29, 2003.] [A&T Photo (s)] emphasis added.

Renick went rogue proposing NC A&T farmland as part of Joint Millennial Campus proposal, which was not binding without Board of Trustees approval
NC A&T's 2001 amend University Master Plan called for developing 75 acres of land along East Lee Street to develop new opportunities for both research and education in both the private and academic arenas between the University's technology ,agricultural research and its students. NC A&T Board of Trustees is legally responsible for developing the University Master Plan and has authority and responsibility for the adoption of policies applicable to and the control and supervision of campus facilities:

Trustees shall be responsible to the Board of Governors for preparing and maintaining a master plan for the physical development of North Carolina Agricultural and Technical State University), NC A&T Bylaws J. Property and Buildings.
Pursuant to applicable provisions of state law and policies of the Board of Governors, the boards of trustees of affected constituent institutions shall have authority and responsibility for the adoption of policies applicable to and the control and supervision of campus facilities [G.S. 116-35], Appendix 1 - DELEGATIONS OF DUTY AND AUTHORITY TO BOARDS OF TRUSTEES, The UNC Policy Manual ,Chapter 100.1 - The Code, XVI. AUXILIARY ENTERPRISES, UTILITIES AND MISCELLANEOUS FACILITIES

Published as "the most plugged-in attorney in North Carolina", northcarolina.edu minutes alleged City of Greensboro Lobbyist, Greensboro Attorney Jim W. Phillips, Jr., Committee Budget and Finance Chair


Video	Video	Lease

speaking before Board of Governors stated that the Boards of Trustees at North Carolina A&T State University and the University of North

Carolina at Greensboro requested that the land formerly designated for the Central School for the Deaf and allocated to the Board of Governors by the 2003 Session of the General Assembly and a 75 - acre parcel of land currently

comprising a portion of the North Carolina A&T State University Farm be designated as a Joint Millennial Campus, alleged approved Oct. 10, 2003, at Appalachian State.

"This tract of land is part of the Seventy Five acres we carved out for Gateway University Research Park." said Chancellor Martin before the Special Committee of the Board of Trustees to evaluate the Florida Street Extension April 5, 2013. NC We gave up 75 acres of the Farm Video

Request for Proposals by Gateway University Research Park for Construction The Joint School of Nanoscience and Nanoengineering- dated Sept. 1, 2004

Project Overview: The JSNN will support established research programs with faculty from the two universities and will have its own faculty lines as well. The primary goal of the school is to be a world leader in research, nano-related education, and outreach. The JSNN will promote Research goals, Education goals, and Outreach goals. To meet these goals, the JSNN will require specialized, state-of-the-art industrial quality research space. These will include laboratories for life sciences, engineering, materials science and other spaces requiring tightly controlled environments.

The constituent university where the Project will be constructed:

Gateway University Research Park, South Campus
2900 East Lee Street Greensboro, NC 27401

Note: In 2003 Gateway University Research Park didn't exits. The Greensboro Center for Innovative Development would change its name in 2006 to Gateway University Research Park, Inc.

Note: SACS-COC Policy Statement: Separate Accreditation for extended units of a Member institution. For Units of a Member Institution extended unit to be eligible for accreditation as a separate institution it must offer a degree and separate from the main campus. Procedure for an Extended Unit Seeking Separate Accreditation (.1) Application for Membership, including all documentation required to demonstrate compliance with Core Requirements 2.1- 2.11, [2.1 The institution has degree-granting authority from the appropriate

NCGS: 116-198.34 (8b): upon formal request by the constituent institutions, the Board of Governors may authorize two or more constituent institutions which meet the requirements of this section to create a Joint Millennial. (UNC Policy Manual 600.1.3 ). Any proposal involving the acquisition or disposition by the institution of any interest in real property shall be recommended by the Board of Trustees.

Public Record Reply from UNC-Greensboro for statutory required request to establish a Joint Millennial Campus produced alleged Chancellors signed

Document dated Aug. 22^nd, 2003. Alleged Chancellors signed document stated: "we are pleased to inform you that this proposal has been approved by both of our Boards of Trustees and is supported by local community leaders and organizations including Action Greensboro. Copies of the Resolutions passed by the N.C. A&T State University Board of Trustees on August 22, 2003 and by The University of North Carolina at Greensboro Board of Trustees on August 22, 2003 are enclosed. Emphasis added

Recommended by Chancellors Renick and Sullivan, NC A&T and UNC-G Board of Trustees duplicate Resolutions: In Support of The Creation of a Joint Millennial Campus between NC A&T and UNCG, dated Aug. 22, 2003, and Aug. 28, 2003, called for seeking designation of Joint Millennial Campus in terms of the Central North Carolina School of the Deaf real estate, transferred to UNC Board of Governors for the purpose of establishing a Joint Millennial Campus. Universities' resolutions seek designation of Joint Millennial without a syllable pertaining to a 75-acre parcel of NCA&T farmland, statutory foreclosed Greensboro attorney Jim W. Phillips, Jr. alleged NCA&T/UNCG Joint Millennial Campus inclusive of NC A&T Farmland.

Alleged Aug. 22nd, 2003 NC A&T Board of trustees Resolution : In Support of the Creation of a Joint Millennial Campus between NC A&T and The University of North Carolina at Greensboro maybe bogus.

NC A&T Attorney Lesley A. Renwick alleged , August 09, 2003, email to Carolyn Meyers says " Attached you will find documents shared between Skip Capone (UNC-G Atty.) and

I for our Boards of Trustees regarding the creation of the Joint Millennial Campus. I understand that the Chancellors and Provosts have already approved the Articles. NC A&T Attorney Lesley A. Renwick alleged email indicate documents would be presented at September board of trustees meeting not August 23, 2003 Board of Trustee's Retreat.

Dr. Gerald L. Truesdale and Dr. Velma Speight-Buford certified alleged August 22, 2003 NC A&T Board of Trustees resolution as Vice

Chair and Secretary of the Board of Trustees. NC A&T State Audit Report Ended June 30, 2003 lists Ralph K. Shelton as Chairman and Dr. Velma R. Speight as Vice Chairman. University publications A&T Today Volume 6, Number 1, Fall 2002 and Volume 5, Number 2, WINTER 2002 concur with the State Audit report listings Ralph K. Shelton as Chairman, Dr. Velma R. Speight as Vice Chairman and Gerald Truesdale-Secretary.

Millions of Taxpayer dollars would flow through UNC Committee Budget and Finance, approved by full UNC Board of Governors, and funded by the Legislature for non-existing bogus NC G. S.: 116-198.34. (8b) NC. A&T/UNCG Joint Millennial Campus.

The Millennial Campus statue required an expressed determination universities had the fiscal

capacity to established and maintain the joint millennial Campus. Five month after the alleged Oct. 2003 designation Phillips' Board of Governors Committee On Budget and Finance, March 2004, recommended Supplemental Expansion Budget Requests 2004-05, $4 million dollars to renovated the School of the Deaf property, and pay for telephone and high speed networking, [SL 2004 -124.]

And another $10 Million dollars for land acquisition, site preparation, and engineering,

architectural and other consulting services for facilities for development of the Joint Millennial Campus of North Carolina Agricultural and Technical State University and the University of North Carolina at Greensboro, non-existing Joint Millennial Campus. [Session Law 2004-179]

Session Law 2004-124 ratified July 20, 2004, appropriated $4,000,000 to an UNC-Greensboro and NCA&T Millennium Campus. SESSION LAW 2004-179 ratified August 5th, 2004 approved $10,000,000 Certificate of Participation for UNC-G/NC AT land acquisition, site preparation, Joint Millennial Campus of North Carolina Agricultural and Technical State University and the University of North Carolina at Greensboro.

Proposed Lease was smoking Gun No statuary NCGS: 116-198.34.(8b) NC A&T/ UNCG Joint Millennial Campus was designated Oct. 10, 2003 by UNC Board of Governors for Session Law 2003-284, Section 6.20, land and facilities, and 75-acre parcel of NCA&T Farmland.

[The information in this article is for general informational and context purposes only and does not, and is not intended to, constitute legal advice.]

UNC Constituent Universities and General Administration may acquire or dispose of property by lease. (UNC Policy Manual 600.1.3 ). Any proposal involving the acquisition or disposition by the institution of any interest in real property shall be recommended by the Board of Trustees.

All real property transactions that require approval beyond the campus level are to be initiated by submission of the Form PO-1 for acquisitions and Form PO-2 for dispositions to the State Property Office. 600.1.4 (4.) Upon the approval of the Board, the University's Associate Vice President for Finance and Property Officer forwards such proposals to the Council of State for final action.

GCID John Merrill & NC A&T Renick " It maybe the USDA is our first tenant at the south campus the result of them leasing a long term lease will allow us to build a structure out there" Video Report

Feb. 2, 2006, Lease Agreement between the Greensboro Center for Innovative Development and UNCG was considered before UNCG Board of Trustee's Business Affairs Committee. Tom Ross moved to approve the recommendation leasing Identified JMC. William Pratt seconded the motion and it was unanimously approved for recommendation to the full Board.

John (Merrill) stated that the ground lease was designed to give more flexibility for development, use state funds and work with the facility staff of both UNCG and NCA&T. The USDA is a possibility for the anchor tenant. The template was designed by Skip Capone, Leslie Winner and representative from NC A&T and the Financial Department in General Administration. Following approval by both Boards of Trustees, the lease will be submitted to the Board of Governors, then the Council of State and finally the Governor. Emphasis added. Tom Ross moved to approve the recommendation leasing Identified JMC. William Pratt seconded the motion and it was unanimously approved for recommendation to the full Board.

Feb. 2, 2006, Action Item: Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T, was considered by UNCG Board of Trustees.

ACTION ITEM: lease Agreement between the Greensboro Center for Innovative Development and UNCG and NCA&T

BACKGROUND INFORMATION

In February 2003, the concept for a *Joint 'Millennial Campus was presented to the UNC Office of the President indicating the potential for collaborative opportunities between UNCG and NCA&T. Later that year, the Joint Millennial Campus was introduced to the community.

In September 2003, in order to create an efficient vehicle to manage the UNCG/NCA&T Joint Millennial Campus (JMC), a Separate 501(c)3 not-for-profit was established. The newly formed organization is known as the Greensboro Center for Innovative Development (GCID). The GCID is charged with the management and development of the properties that represent the JMC.

In September 2005, a Management Services and Development Agreement
(MSDA) between the GCID and NCA&T and UNCG was approved and executed by each party's respective board of Trustees. The MSDA formally established a working relationship between the two universities and the GCID for future development- Section I.F. of the MSDA states, "The Universities shall lease to GCID any or all property denigrated as the JMC, subject to necessary governmental approvals- Such leases shall be long term leases for nominal consideration. emphasis added

In order to facilitate the GCID's ability to perform its role as manager/developer it
was determined by counsel for the universities and the GCID to pursue a master lease for the properties identified as the JMC. The lease document is based on a model previously used by several UNC campuses, including UNCG and NCA&T. This document has also been reviewed by the Office of the President.

The purpose of this action is to request approval from this Board to proceed with
a 50-year ground lease (and two successive 10 year renewals) with the GCID on land owned by the Sate of North Carolina (Approximately 75 acres with 142,000 square feet of existing space at the former Central North Carolina School for the Deaf and approximately 75 acres adjacent to the NCA&T farm, on which the GCID will develop, in concert with the universities, a research park similar to the Centennial Campus at North Carolina State University.

The Identified JMC property consisted of land owned by the State of North Carolina (Approximately 75 acres with 142,000 square feet of existing space at the former Central North Carolina School for the Deaf and approximately 75 acres adjacent to the NCA&T farm).... unambiguous constitute the UNC Board of Governors alleged Oct. 10, 2003 designated NCA&T/UNC-G Millennial Campus, emphasis added. Lease Background said " This document has also been reviewed by the Office of the President (Bowles)."

Action Item background information says " in order to facilitate the GCID ability to perform its role as managed/developer it was determined by counsel for the universities and the GCID to pursue a master lease for the properties identified as the JMC by university counsels, GCID, and General Administration, emphasis added. Unambiguous no statutory NCGS: 116-198.34. (8b) NC A&T/ UNCG Joint Millennial Campus was designated Oct. 2003.

UNCG did not have property rights to Identified JMC, Session Law 2003-284, Section 6.20 property, nor NC A&T Farmland to Lease


The General Assembly, Session Law 2003-284, Section 6.20, reallocated former Central School of the Deaf from the State property Office to UNC Board of Governors to be used for the establishment of Millennium campuses ( campuses is plural ) of the University of North Carolina at Greensboro and North Carolina Agricultural and Technical State University. The Board of Governors is authorized to designate as a Millennium Campus property held or acquired by a constituent institution. Session Law 2003-284, Section 6.20 property was reallocated to the Board of Governors. Lacking Board of Governor Designation of millennial campus defined by NCGS 116-198.34 Session Law 2003-284, Section 6.20, remained relocated to UNC Board of Governors. Nor did UNC Greensboro did not have property rights 75- acres of NC A&T farmland to lease.

NC A&T Board of Trustees Table Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T

Allegedly, Mr. Merrill presented Ground Lease Agreement between the State of North Carolina and Greensboro Center for Innovative Development (GCID), Feb. 15, 2006 seeking approval of the Ground Lease by the Board so that GCID can be granted control of the two millennial campus properties as the development moves forward. Documents presented to the Board of Trustees when considering was Ground Lease Agreement and Resolutions : In Support of the Creation of a Joint Millennial Campus between NC A&T and The University of North Carolina at Greensboro dated Aug. 22, 2003.[ 20120327105608787.pdf]] [NC A&T-PR]. called for joining with UNCG to establish a joint Millennial campus whose real estate consisted of the former School of the Deaf property allocated to the Board of Governors to established a joint Millennial Campus, constituting one property, without a syllable pertaining to additional Real Estate nor 75-acre parcel of land on NC A&T farmland.

Memorandum from Chair Velma Speight-Bluford to Executive Committee dated February 22, 2008 RE: Ground Lease Agreement-Millennial Campus stated: At the Board meeting on Wednesday, February 15, 2006, John Merrill, Director of the Greensboro Center for innovative Development, presented for approval a Ground lease Agreement Between
The State of North Carolina (Lessor) and Greensboro Center for Innovative Development. Inc. (Lessee) for the Joint Millennial Campus of Greensboro, North Carolina..

Chairwoman Speight-Buford February 22, 2006 Memorandum to the Board of Trustees Executive Committee , By majority vote, the Board decided that more time was needed to review the document (Ground Lease Agreement Between the State of North Carolina (Lessor) and the Greensboro Center for Innovative Development, Inc. (Lessee) for the Joint Millennial Campus of Greensboro, NC.) I announced that I would seek approval of the document by way of the Executive Committee. Pursuant bylaws NC. A&T Executive Committee acting alone did not have the authority to over ride the full board decision.

March 06, 2006 the General Services Administration "GSA" posted notice U.S. Government Intends to Lease Space on the NC A&T Millennial Campus in Greensboro, North Carolina (Solicitation Number: TNCOO75). Response date March 10, 2006.

Location: A negotiated action under Solicitation 5NC0075 will result in a non-competitive award to locate the USDA Natural Resources Conversation Service's East National Technical Center and East Remote Sensing Laboratory on the North Carolina A&T State University Millennium Campus.

Amount of Space: The U.S. government intends to lease a total of 24,680 rentable square feet921,461 contiguous BOMA usable square feet ) and six (6) reserved outside parking spaces based on the determination that this is within the best interest of the U.S. Government. This space will be made available for use buy the USDA Natural Resources Conversation Service's East National Technical Center and East Remote Sensing Laboratory personnel, furnishings and equipment to maintain mission critical engineering, research, development, and academic requirements.

Property Lease of Identified JMC portrayed as lease of NCGS: 116-198.34. (8b) designated Joint Millennial Campus

Notwithstanding Erskine Bowles General Administration creation of Acquisition of Real Property PO-1, dated March 13, 2006, for the purpose to establish Joint Millennial Campus for NCA&T and UNCG; claiming this action


has been approved by NCA&T and UNCG Board of Trustees.
The Bowles Administration May 2006, recommended approval of UNC BOG document Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro, containing known false claim:
The Board of Governors approved, the designation of the land (formerly the Central School for the Deaf) reallocated to the Board of Governors by the 2003 Session of the General Assembly and a 75-acre parcel of land currently comprising a portion of the NCA&T State University Farm as a Joint Millennial Campus, Now, the Boards of Trustees of NCA&T and UNCG are requesting permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development, a jointly-controlled and jointly-funded 501(c) (3) entity that will administer the educational, research, and economic development mission of the Joint Millennial.

UNC BOG Committee on Budget and Finance document Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro was considered by Budget and Finance committee May 11, 2006.

May 11, 2006 Meeting Minutes of the Board of Governors Committee on Budget and Finance allege Mr. Merrill presented information in support of the agenda item Lease of Joint Millennial Campus - North Carolina A&T State University and The University of North Carolina at Greensboro. Agenda Item says:

In October 2003, the Boards of Trustees of North Carolina A&T State University and The University of North Carolina at Greensboro requested, and the Board of Governors approved, the designation of the land (formerly the Central School for the Deaf) reallocated to
the Board of Governors by the 2003 Session of the General Assembly and a 75-acre parcel of land currently comprising a portion of the NCA&T State University Farm as a Joint Millennial Campus.

Now, the Boards of Trustees of NCA&T and UNCG are requesting permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development,... that would administer the educational, research, and economic development mission off the Joint Millennial Campus

Allegedly Board member Peter Hans was on Board of Governors Budget and Finance Committee when Lease of Joint Millennial Campus was approve by committee and by the full Board of Governors chaired by Jim Phillips on the Consent Agenda. Lease stated Now, the Boards of Trustees of NCA&T and UNCG were requesting permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development, a jointly-controlled and jointly-funded 501(c)(3) entity that would administer the educational, research, and economic development mission of the Joint Millennial Campus..

Public Record requests to Erskine Bowles UNC BOG/GA for the statutory requirements to establish the NC A&T/UNCG joint Millennial Campus (JMC) , allegedly made by Committee on Budget and Finance, expressed by Greensboro Attorney Jim W. Phillips, Jr. before the Committee and Board of Governors [ Designation of Millennial Campuses – North Carolina A&T State University and The University of North Carolina at Greensboro- Oct. 10, 2003,]; And Erskine Bowles Administration Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro - May 2006.

Reply from Ms. Joni Worthington [Vice President for Communications UNC General Administration] ” we have provided hundreds of pages of documents related to the establishment of the joint campus and joint school. If the requested documents exist, they would be included in the documents we’ve already provided, since I’ve given you everything we have.” Emphasis added. Notwithstanding hundreds of pages of documents, including multiple copies of the same email, related to the establishment of the joint campus and joint school UNC BOG/GA didn't produce Board authorization establishing the (NC A&T & UNCG) Joint Millennial Campus and NCGS § 116-198.34.(8b) statutory requirement/ lease:

Consultations and recommendations establishing the Joint Millennial Campus;
Documents the basis for the determination that the campuses had the administrative and fiscal capacity required;
President Recommendation to establish Joint Millennial campuses;
NC A&T and UNCG Request to Establish Joint Millennial;
NCA&T and UNCG Request to Lease alleged Joint Millennial Campus land and facilities to the Greensboro Center for Innovative development, Inc.

Replies to public record request for the NCA&T Board of Trustees request to designate NCA&T/UNCG Joint Millennial Campus consisting of former School of the Deaf property and 75-acre parcel of NC A&T farmland and for permission to execute a ground lease of the land and existing improvements Joint Millennial Campus and request for permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development.

NCA&T: "As to your prior request for the resolution/motion about the 75 acres of land being a part of the Gateway Research Park, There is no 2003 resolution, etc. that specifically says 75 acres are involved." determined J. Charles Waldrup J.D., Ph.D. General Counsel Office Of Legal Affairs North Carolina Agricultural & Technical State University.

NCA&T: "As to the request to General Administration to approve the ground lease, Ms. Fails cannot find any transmittal letter, memo, etc." " We wonder if possibly UNCG sent the request on behalf of both universities. General Administration should have whatever was sent to request BOG action." General Counsel Office Of Legal Affairs North Carolina Agricultural & Technical State University

Unambiguous NC A&T Board of Trustees had not Requested:

that the land formerly designated for the Central School for the Deaf allocated to the Board of Governors by the 2003 Session of the General Assembly and a 75- acre parcel of land currently comprising a portion of the North Carolina A&T State University Farm be designated as a joint millennial campus - Designation of Millennial Campuses – North Carolina A&T State University and The University of North Carolina at Greensboro (APPENDIX G) ;
permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development. As stated in UNC BOG document Appendix C Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro (May 2006) - (APPENDIX C ) Lease of Joint Millennial Campus)

As fraudulent stated by the Erskine Bowles Administration, Jim Phillips, Jr. Committee on Budget and Finance in UNC BOG documents Designation of Millennial Campuses – North Carolina A&T State University and The University of North Carolina at Greensboro (APPENDIX G) (Oct. 10. 2003) and (APPENDIX C ) Lease of Joint Millennial Campus) (May 2006) which the 32 member unelected UNC Board of Governors approved. See Certified

The Board of Governors May 12, 2006 pass Lease of Joint Millennial Campus, NCA&T and UNCG on the consent agenda.

UNC BOG document Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro was approved by the Hanna Cage Committee on Budget and Finance; forward to full UNC BOG where it was approved on the consent agenda, and forwarded to be processed by the State Property Office.

Master Plan for the South Campus of the Greensboro Center for Innovative Development, the Joint Millennial Campus of UNCG and NC A&T

The University of North Carolina at Greensboro Board of Trustees Business Affairs Committee August 31, 2006 Action Item: Master Plan for the South Campus of the Greensboro Center for Innovative Development, the (alleged ) Joint Millennial campus of UNCG and NC A&T.

Action Item Background Information says " In January 2006, a ground Lease was approved and recommended for approval by the Board of Governors.. .of the properties identified as the JMC." by the counsel of the University and GCID; extinguishing Lease of Joint Millennial Campus - North Carolina A&T State University and The University of North Carolina at Greensboro May 2006 bogus claims:

In October 2003, the Boards of Trustees of North Carolina A&T State University and The University of North Carolina at Greensboro requested, and the Board of Governors approved, the designation of the land (formerly the Central School for the Deaf) reallocated to the Board of Governors by the 2003 Session of the General Assembly and a 75-acre parcel of land currently comprising a portion of the NCA&T State University Farm as a Joint Millennial Campus.
Now, the Boards of Trustees of NCA&T and UNCG are requesting permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development,..

Unambiguous no statutory NCGS: 116-198.34. (8b) NC A&T/ UNCG Joint Millennial Campus was designated Oct. 2003 enabling Greensboro Center for Innovative Development, Inc. to administer the educational, research, and economic development mission of a Joint Millennial Campus. Lacking Board of Governor Designation of millennial campus defined by NCGS 116-198.34 Session Law 2003-284, Section 6.20, remained relocated to UNC Board of Governors. No lawful GS 116-198.34 (1)leased was executed by Board of Governors to the Greensboro Center for Innovative Development, Inc. for Session Law 2003-284, Section 6.20, land and facilities and 75-acre parcel of NC A&T Farmland.

UNC System/ State Property Office Raleigh Two Step

NCGS § 146-28. Agency must file application with Department; Department must investigate.

Any State agency desiring to sell, lease, or rent any land owned by the State or by any State agency shall file with the Department of Administration an application setting forth the facts relating to the proposed transaction, and shall furnish the Department with such additional information as the Department may request relating thereto. Upon receipt of such application, the Department of Administration shall promptly investigate all aspects of the proposed transaction, including particularly present and future State need for the land proposed to be conveyed, leased, or rented.

Mr. Terrance C. Feravich, P.E., UNC University Property Officer document addressed to Joseph H.

Henderson, Director, State Property Office says Please find attached property actions approved by the Board of Governors at their May 12, 2006 meeting. Other back-up materials including PO-1s and/or PO-2's are also attached where appropriate. Please seek approval of these actions by the Governor and Council of State and the Joint Legislative Commission on Governmental Operations if required.

The Board of Governors May 12, 2006 pass Lease of Joint Millennial Campus, NCA&T and UNCG on the consent agenda.

UNC BOG document Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro was approved by the Hanna Cage Committee on Budget and Finance; forward to full UNC BOG where it was approved on the consent agenda, to be forwarded to be processed by the State Property Office.

Public Record documents indicate UNC Board of Governors/ UNC System Office University's Associate Vice President for Finance and Property Officer

did not file Form PO-2 pertain to DISPOSITION OF REAL PROPERTY by Lease for Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro,. Which by not following the (shall) law may have deprive the State Property Office G.S.146-28 authority to authorize lease agreement Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro.

Received from the State Property Office, pursuant Public Record Requests was UNC System application Acquisition of Real property by lease (PO-1) dated March 13, 2006 for the purpose of establishing Joint Millennial Campus for North Carolina A&T State University (NCA&T) and the University of North Carolina at Greensboro (UNCG).

Purpose: To establish Joint Millennial Campus for NC A&T State University and the University of North Carolina at Greensboro.

Description of Property. Two parcels: Approximately 75-acres of property located adjacent to the NCA&T Farm and Located on Lee Street. Approximately 75 acres of property and facilities formerly know as the Central North Carolina School for the Deaf.

PO-1 form section Complete if Agency has a Governing Board., allege Action recommending the above request was taken by the Governing Board of NCA&T and UNCG and is recorded in the minutes thereof on was blank as well as the _(date) as well no signature and title indicated.

Received from State Property Office: Feb. 2, 2006, Action Item: Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T, was considered by UNCG Board of Trustees.

Action item background information timeline from Feb. 2003 through Feb2, 2006 did not indicated JMC was designed by UNC BOG.

Action Item background information says " in order to facilitate the GCID ability to perform its role as managed/developer it was determined by counsel for the universities and the GCID to pursue a master lease for the properties identified as the JMC by university counsels, GCID, reviewed by the Office of the President. emphasis added.

Action item background information:

Timeline from Feb. 2003 through Feb2, 2006 does not indicated JMC was designed by UNC BOG,

In order to facilitate GCID ability to perform its role as manager/developer it was determined by counsel for the universities and the GCID to pursue a master lease for the properties identified as the JMC,

Properties Identified as the JMC consist of owned by the State of North Carolina ( Approximately 75 acres at the former Central North Carolina School for the Deaf and 75 acres adjacent to the NC A&T farm, and

This document has also been reviewed by the Office of the President [ Erskine Bowles Office]

Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T was recommended, to The Board of Trustees of The University of North Carolina at Greensboro and recommended approval to the Board of Governors, recommended by John R. Merrill Executive Director, Greensboro Center for Innovative Development.

Received from the State Property Office, pursuant Public Record Requests document Lease of Joint Millennial Campus -North Carolina A&T State University and The University of North Carolina, May 2006 .

Lease of Joint Millennial Campus, May 2006, indicate:

In October 2003, the Boards of Trustees of North Carolina A&T State University and The University of North Carolina at Greensboro requested, and the Board of Governors approved, the designation of the land (formerly the Central School for the Deaf) reallocated to the Board of Governors by the 2003 Session of the General Assembly and a 75-acre parcel of land currently comprising a portion of the NCA&T State University Farm as a Joint Millennial Campus, emphasis added.

Now, the Boards of Trustees of NCA&T and UNCG are requesting permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development, a jointly-controlled and jointly-funded 501(c)(3) entity that will administer the educational, research, and economic development mission of the Joint Millennial Campus. Emphasis added

The $1 lease would be for the initial term of 50 years with two, 10-year renewal options. Upon the expiration of the lease, the land and any improvements upon the land would revert to the State. The lease of the land will be accomplished within the guidelines, procedures, and policies of the North Carolina Department of Administration and must be approved by the Council of State.

It is recommended that the request of the Board of Trustees of North Carolina A&T State University and the Board of Trustees of The University of North Carolina at Greensboro be approved and transmitted to the Council of State for final action.

Feb. 2, 2006, Action Item: Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T, Dated March 13 2006 UNC System application Acquisition of Real property by lease (PO-1), and May 2006, Lease of Joint Millennial Campus -North Carolina A&T State University and The University of North Carolina at Greensboro, contradict and extinguish each other:

Feb. 2, 2006, Action Item: Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T, determined by counsel for the universities and the GCID to pursue a master lease for the properties identified as the JMC by university counsels, GCID, reviewed by the Office of the President.

UNC System application Acquisition of Real property by lease (PO-1) dated March 13, 2006 was for the purpose of establishing Joint Millennial Campus for North Carolina A&T State University (NCA&T) and the University of North Carolina at Greensboro (UNCG). Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T,

Lease of Joint Millennial Campus -North Carolina A&T State University and The University of North Carolina, May 2006 , indicate In October 2003 the Board of Governors approved designation of Joint Millennial Campus.

Feb. 02, 2006, Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T is for an identified Joint Millennial Campus (JMC). March 13, 2006, UNC System (application) Acquisition of Real property, is to establish a JMC. May 2006, Lease of Joint Millennial Campus alleged designation of JMC Oct. 2003.

Go Figure

Complex Name UNC-GA Gateway University Research Park

In accordance with General Statutes 143-341 and 146 State Property Office Maintain a complete and accurate inventory of State owned lands, buildings, and space in buildings. State Property Office inventory of State-owned lands, buildings, and space in buildings, Public Record Land Lease listing 3-26-2013.pdf did not list Lease of Joint Millennial Campus, Lessor NC A&T and UNCG, Lessee Greensboro Gateway University Research Park, 5900 Summit Avenue, Greensboro, Guilford County, Area Joint Millennial Campus.

Complex UNC-GA Gateway University Research Park, Lessor UNC General Administration, lessee Gateway University Research Park, property Address 5900 Summit Avenue, Greensboro term 50 years. Comment:

Property to be developed as a Joint Millennial Campus for NCA&T State University and UNC-Greensboro to support the education and research missions of the Campuses and to foster economic development and entrepreneurial activity in the Region.

UNC Policy Manual 600.1.3 ). Any proposal involving the acquisition or disposition by the institution of any interest in real property shall be recommended by the Board of Trustees.

Pursuant Public Record Requests, no signed Acquisition of Real property by lease P0-1 document was received from the State Property Office ("SPO") nor NCA&T/UNCG Board of Trustee minutes indicating the Board of Trustees for NCA&T/UNCG recommended UNC System Acquisition by Lease to established proposed NCA&T/UNCG Joint Millennial Campus. Two parcels: Approximately 75-acres of property located adjacent to the NCA&T Farm and Located on Lee Street. Approximately 75 acres of property and facilities formerly know as the Central North Carolina School for the Deaf.

UNC System Acquisition of Real Property by lease P01 dated March 13, 2006, and Lease of Joint Millennial Campus -North Carolina A&T State University and The University of North Carolina, May 2006, claims contradict and extinguish each other.

Unsigned and incomplete UNC System Acquisition of Real Property by lease P0-

1 dated March 13, 2006 alleged purpose of establishing a Joint Millennial Campus for North Carolina A&T State University and The University of North Carolina Greensboro. Two parcels: Approximately 75 acres of property located adjacent to the NCA&T farm and located on Lee Street; Approximately 75 acres of property and facilities formerly known as the Central North Caroling School for the Deaf. The requested action recommending by Governing Board of NCA&T and UNCG was blank.

Lease of Joint Millennial Campus, May 2006, indicate:

In October 2003, the Boards of Trustees of North Carolina A&T State University and The University of North Carolina at Greensboro requested, and the Board of Governors approved, the designation of the land (formerly the Central School for the Deaf) reallocated to the Board of Governors by the 2003 Session of the General Assembly and a 75-acre parcel of land currently comprising a portion of the NCA&T State University Farm as a Joint Millennial Campus, emphasis added.

Now, the Boards of Trustees of NCA&T and UNCG are requesting permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development, a jointly-controlled and jointly-funded 501(c)(3) entity that will administer the educational, research, and economic development mission of the Joint Millennial Campus. Emphasis added

The $1 lease would be for the initial term of 50 years with two, 10-year renewal options. Upon the expiration of the lease, the land and any improvements upon the land would revert to the State. The lease of the land will be accomplished within the guidelines, procedures, and policies of the North Carolina Department of Administration and must be approved by the Council of State.

It is recommended that the request of the Board of Trustees of North Carolina A&T State University and the Board of Trustees of The University of North Carolina at Greensboro be approved and transmitted to the Council of State for final action.

Lease of Joint Millennial Campus -North Carolina A&T State University and The University of North Carolina, May 2006 , allege In October 2003, the Boards of Trustees of North Carolina A&T State University and The University of North Carolina at Greensboro requested, and the Board of Governors approved, the designation of the land (formerly the Central School for the Deaf) reallocated to the Board of Governors by the 2003 Session of the General Assembly and a 75-acre parcel of land currently comprising a portion of the NCA&T State University Farm as a Joint Millennial Campus, emphasis added.

Contradicting UNC System Office P0-1 alleged purpose to establishing a Joint Millennial Campus for North Carolina A&T State University and The University of North Carolina Greensboro. Two parcels: Approximately 75 acres of property located adjacent to the NCA&T farm and located on Lee Street; Approximately 75 acres of property and facilities formerly known as the Central North Caroling School for the Deaf. Board of Governor approved Lease of Joint Millennial Campus -North Carolina A&T State University and The University of North Carolina was to Greensboro Center for Innovative Research, name changed Gateway Research Park, not to UNC System.

ANNUAL REPORT OF THE COMMITTEE ON BUDGET AND FINANCE TO THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA July 1, 2005 through June 30, 2006, indicate Committee and Budget and Finance recommended ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development ; ANNUAL REPORT indicated Actions taken under the delegated authority would be reported at the next scheduled meetings. UNC System did not acquire Session Law 2003-284, Section 6.20, reallocated former Central School of the Deaf from the State property Office to Board of Governors and and a 75 - acre parcel of land currently comprising a portion of the North Carolina A&T State University Farm between July 1, 2005 through June 30, 2006.

ANNUAL REPORT OF THE COMMITTEE ON BUDGET AND FINANCE TO THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA July 1, 2006 through June 30, 2007 did not indicate UNC System acquired land formerly designated for the Central School for the Deaf allocated to the Board of Governors by the 2003 Session of the General Assembly and a 75- acre parcel of land currently comprising a portion of the North Carolina A&T State University Farm, pursuant UNC System delegated authority.

UNC-GA did not hold or acquire Central School for the Deaf allocated to the Board of Governors by the 2003 Session of the General Assembly and 75 - acre parcel of land comprising a portion of the North Carolina A&T State University Farm, to establish a/k/a Joint NCA&T/UNCG Joint Millennial Campus nor UNC System Millennial Campus to lease Greensboro Center for Innovative Development renamed Gateway Research Park, Inc. Pursuant Public Record Request RR-00312 UNC System did not identify a specific statue authorizing system designation of millennial campus.

The Board of Governors May 12, 2006 pass Lease of Joint Millennial Campus, NCA&T and UNCG on the consent agenda.

Public Record documents indicate UNC Board of Governors/ UNC System Office University's Associate Vice President for Finance and Property Officer

did not file Form PO-2 pertain to DISPOSITION OF REAL PROPERTY by Lease for Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro,. Which by not following the (shall) law may have deprive the State Property Office G.S.146-28 authority to authorize lease agreement Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro.

August 14, 2006 Terrance Feravich email to Joe Henderson, John Webb, CC Robert Nelson; John Merrill: I was hoping that we might have an opportunity to sit

and walk through any hurdles that you see in proposed lease between NCA&T/UNCG joint Millennial Campus and GCID. Talking with John of Friday. I've learned that he has gained a significant commitment from the USDA for up to a 50,000 sq. ft. new building. While they understand that we are working hard at getting things properly set-up for all parties and are being patient, my sense is that it would be in the best interest of this new venture to get that first client off to a healthy and timely start. I'll be in Raleigh Wednesday for a couple of meetings ... and would welcome the opportunity to work the issues that you are see in the lease. I know that John Merrill is also pretty flexible this week is well. Sorry to be a bit of a pest with this important issue and I appreciate your understanding.

Original Message from Terrance Feravich to john web
cc Robert nelson: John R. Merrill sent August 14, 2005

Joseph Henderson wrote:
Terry

We can deal with the new building under our existing procedures. Let's not let the proposed lease get in the way of that.

My view of the proposed lease is that the General Assembly limited the millennial campuses to space leases not exceeding ten years. I was present at the committee meetings and have an understanding of the concerns at that time and why the ten year limit was imposed and the Council of State was kept in the process. I can't support an action (this lease) that circumvents the general assembly's intent. There are number of ways to provide for the effective administration of this campus other that the proposed lease. Emphasis added.

From Joseph Henderson to Terrance Feravich, CC: John Webb Thursday, August 17, 2006 Subject: NCA&T-UNCG Joint Millennial Camus (email)

Terry:

I have now read the agreement, lease, background info put out by GCID. GCID articles of incorporation and bylaws, and reviewed the pertinent general statues. It appears to me that A&T and UNCG set out on a course that was from the beginning contrary to the current statues governing millennial campuses.

Clearly, background info on GCID, the articles and bylaws, anticipate GCID taking title to the land and buildings and managing the real property of the campus. Yet, Chapter 116, Article 21B, contemplates the handling of real property pursuant to Chapter 146 except for the limited a case of disposition by lease of space (only) not exceed a term of ten years.

A transfer of the real property to GCID (by leaser or otherwise) would remove the Department of Administration, Joint Legislative Commission on Governmental Operations and Governor and Council of State from any oversight of the real property transactions. While we may have the latitude to do it (the lease), I am certain uncomfortable with the concept which I believe circumvents the Legislative intent.

The formation of and purpose of the GCID raises other questions. As a creation of the two campuses, are its meetings open to the public and are its records subject to the public records law? should they be? What was intent of the two trustee boards and what is the desire of the Board of Governors?

Given the appointment/election process for directors of GCID, how much control, if any, do the boards of trustees of the two institutions and the Board of Governors retain over the actions of GCID? It's hard to say who is in charge but my reading of the bylaws indicates the trustees and Board of Governors may have little say over, little knowledge of GCID' s actions except with GCID' cooperation.

It seems the cart is before the horse. If the real estate on the millennial campus is to be managed as contemplated by the agreement and lease, the General Assembly should be consulted and the legislation changed to allow it without manipulation or circumvent current statues.

In the interim, we will work with...and the campus to efficiently handle all contemplated real estate transactions. Emphasis added

John R. Merrill, Executive Director Greensboro Center for Innovative Development, e-mail to Tommy Cline, dated Feb. 10, 2006 Subject UNCG/NC A&T Joint Millennial Campus said: A couple of months ago, I mentioned we were working on a ground lease for the UNCG/NCA&T Joint Millennial Campus here in Greensboro (the former Central North Carolina
School for the Deaf and a similar size parcel adjacent to the NC A&T farm property). We have completed the "draft" and it has been accepted by Greensboro Center for Innovative Development (GCID) Board of Directors( January 31, 2006) and the UNCG Board of Trustees (February 2, 2006). We present it to the NCA&T Board of Trustees on February 15, 2006 and we are confident it will be approved. Upon approval, it will go to the UNC Board of Governors for their approval and then it will formally come to the State Property Office for review. " "I wanted to get a copy to you in advance for your convenience...attached is that copy." "Please note the document was crafted with counsel for both universities (Skip Capone and Camile Kluttz-Leach), the GCID (Lee Lloyd and Bo Rodenbough), and the UNC System (Leslie Winner and Rob Nelson..." (emphasis added) [SPO -PRR] John R. Merrill Feb 10, 2006 email to Tommy Cline Subject Ground Lease - UNCG/NC A&T Joint Millennial Campus.

Draft Lease Ground lease Agreement between The State of North Carolina (Lessor) and Greensboro Center for Innovative Development (Lessee) for Joint Millennial Campus Greensboro, North Carolina. Land 1.1.3 The two separate tracts or parcels of real estate, denominated the North Campus and South Campus and collectively comprising the" Joint Millennial Campus" homonymic terminology consistent Chancellor Sullivan and Renick Sept. 24, 2006 proposed Joint Millennial Campus and Board of Governors alleged Oct. 10, 2003 designated JMC obfuscated lease real estate wasn't statutory (NC. GS. § 116-198.34.(8b) designated JMC.

Leasing agent with the State Property Office Pan Strickland contacted GCID Executive Director John Merrill in regards to lease forwarded to (Attorney General Office) Tommy Cline via email March 01, 2006.

Lease of Joint Millennial Campus (May 2006) – North Carolina A&T State University and The University of North Carolina at Greensboro: Lease of the lease of the land will be accomplished within the guidelines, procedures, and policies of the North Carolina Department of Administration and must be approved by the Council of State.

Letter dated Aug. 16, 2006 from Joseph H. Henderson, Director NC Department of Administration to State Budget Officer David McCoy soliciting input pertaining to Lease stated UNC-General Administration is pressing to move forward with the 50-year lease (the agreement with GCID has already been executed)."

Pursuant UNC Policy 600.1.4 (4.) and NCGS § 146-28 application Form PO-2
Lease for Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro, was not submitted to the State property Office. Agreement with GCID has already been executed was not accomplished within the guidelines, procedures, and policies of the North Carolina Department of Administration and approved by the Council of State.

Expansion of Millennial Campus - The University of North Carolina System Office May 25, 2020

Issue overview indicate G.S. 116-198.34 grants the Board of Governors authority to designate real property as a millennial campus. The University System Office is requesting an expansion

of its millennial campus to include the Spangler Complex... The UNC System Office previous designated 150 acres as a millennial campus consisting of Gateway Research Park-North Campus in Brown Summit, NC and Gateway Research Park-South Campus in Greensboro, NC.

Expansion of Millennial Campus (Issue Overview) indicate "the millennial campus is leased to Gateway Research Park, a 501(c)(3) non-profit corporation which is a joint venture between North Carolina A&T State University and The University of North Carolina Greensboro, which mirror Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro May 2006.

Pursuant Public Record laws, request for documents establishing UNC system

Office Millennial Campus designation for Gateway-Research Park-North Campus in Brown Summit, NC and Gateway Research Park-South Campus in Greensboro, NC. and lease was made (Request 22-23). No PRR-22-23 document referred to UNC System Millennial campus and its lease to Gateway Research Park.

PRR 22-23 S. L. 2003-284

Notwithstanding NCA&T's 2001 Master Plan update calling for establishing a university Millennial

Campus at the farm, credited in the media as the work of UNC-G district NC Senator Kay Hagan, June 30, 2003, the General Assembly, Session Law 2003-284, Section 6.20, reallocated former Central School of the Deaf from the State property Office to UNC BOG to be used for the establishment of Millennium campuses of the University of North Carolina at Greensboro and North Carolina Agricultural and Technical State University.

Lacking Board of Governors designation of Millennial campus of NCA&T and UNCG Session Law 2003-284, Section 6.20 property remained allocated to the Board of Governors


NCGS 116- 198.33(4b) (2000) : The term "Millennial Campus" means all real property and appurtenant facilities designated by the Board of Governors as part of a Millennial Campus of a constituent institution of The University of North Carolina .... Lacking Board of Governor Designation of millennial campus defined by NCGS 116-198.34 Session Law 2003-284, Section 6.20.


The General Assembly, Session Law 2003-284, Section 6.20, reallocated former Central School of the Deaf from the State property Office to UNC Board of Governors to be used for the establishment of Millennium campuses ( campuses is plural ) of the University of North Carolina at Greensboro and North Carolina Agricultural and Technical State University. The Board of Governors is authorized to designate as a Millennium Campus property held or acquired by a constituent institution. Session Law 2003-284, Section 6.20 property was reallocated to the Board of Governors. Lacking Board of Governor Designation of millennial campus defined by NCGS 116-198.34 Session Law 2003-284, Section 6.20, remained relocated to UNC Board of Governors.

PRR-22-23 Ground lease Agreement & Memorandum of Lease

Ground Lease Agreement between The State of North Carolina (Lessor) and Gateway University Research Park, Inc. (Lessee) for Joint Millennial Campus Greensboro, NC. dated March 15, 2007, indicate Article I, (1.1.1) Lessor Address State of North Carolina c/o North Carolina Agricultural & Technical State University and c/o The University of North Carolina at Greensboro. (1.1.2) Lessee's Address Gateway University Research Park, Inc.. UNC System Office was not indicated as Lessor in the Ground Lease Agreement nor Memorandum of Lease.

Disposition by Lease:

Lessor : State of North Carolina
North Carolina Agricultural and Technical State University and
University of North Carolina at Greensboro

Lessee: Gateway University Research Park

Area: Joint Millennial Campus, Greensboro consisting of a North Campus and a South Campus.

Lease Ground lease Agreement between The State of North Carolina (Lessor) and Greensboro Center for Innovative Development (Lessee) for Joint Millennial Campus Greensboro, North Carolina. Land 1.1.3 The two separate tracts or parcels of real estate, denominated the North Campus and South Campus and collectively comprising the" Joint Millennial Campus", homonymic terminology consistent Jim Phillips alleged Oct. 2003 designated Joint Millennial Campus obfuscated lease real estate wasn't statutory (NCGS. § 116-198.34. (8b) designated JMC but for an alleged Identified Millennial Campus.

B. The Lessor desires to lease the Land and existing Improvements to the Lessee, and the Lessee desires to rent the land and the existing Improvements pursuant to the terms contained within this Lease and to secure financing for the construction on the Land of certain additional Improvements to be hereafter determined, designed and constructed. Emphasis added March 15, 2007 Lease Recitals:

Article II Land, Term and Use, 2.4 Assignment and Subleasing (b) Neither the Lessee nor any sub lessee may sublet for a term of more that ten (10) years space within any improvement not or hereafter located on the Land comprising the Premises, without the prior written consent of the Lessor after approval by the Governor and Council of State, emphasis added.

Article II Land, Term and Use, 2.4 incorporates by default G.S. 116-198.34(5) exemptions, Lessee and sub lessee exemption from obtaining prior written consent of the Lessor after approval by the Governor and Council of State for subleases for space less than ten (10) years.

N.C. G.S. 116-198.34(5) 10-year Space lease exemptions applies only to Board of Governor designated G.S. 116-198.33(4b) Millennial Campuses

Lucien Capone [UNCG attorney] email dated 09.07/2006 to Don teeter NC Dept. of Justice, Subject Joint Millennial Campus ground lease : Item (2) The statute proving an exception from Governors and Council of State approval for space leases of 10 years or less is G.S. 116-198.34(5).

§ 116-198.34. General powers of Board of Governors

The Board may exercise any one or more of the following powers:

To acquire, hold, lease, and dispose of real and personal property in the exercise of its powers and the performance of its duties hereunder and to lease all or any part of any project or projects and any existing facilities upon such terms and conditions as the Board determines, subject to the provisions of G.S. 143-341 and Chapter 146 of the General Statutes.

Notwithstanding G.S. 143-341 and Chapter 146 of the General Statutes, a disposition by easement, lease, or rental agreement of space in any building on the Centennial Campus, on the Horace Williams Campus, or on a Millennial Campus made for a period of 10 years or less shall not require the approval of the Governor and the Council of State. All other acquisitions and dispositions made under this subdivision are subject to the provisions of G.S. 143-341 and Chapter 146 of the General Statutes. Emphasis added.

No statutory NCGS: 116-198.34 (8b) NC A&T/ UNCG Joint Millennial Campus was designated by UNC Board of Governors

Received pursuant Public Request from State Property Office was Greensboro Center for Innovative Development timeline.

Greensboro Center for Innovative Development, alleged Joint Millennial Campus, Development timeline, received from the State Property Office, from Feb-03 to April-06 does not indicated designation of NC A&T/UNCG Joint Millennial. link



The State Property Office received Greensboro Center for Innovative Development, Inc. timeline which indicated no JMC was designated Oct. 2003 etc., Erskine Bowles Administration PO-1 dated March 16, 2006 Acquisition by Leases for the purpose of establishing a NC A&T/UNCG Joint Millennial Campus, and UNC Greensboro Board of Trustee February 2, 2006 Action Item: Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T for property identified as the Joint Millennial Campus.

The University of North Carolina at Greensboro Board of Trustees Business Affairs Committee August 31, 2006 Action Item: Master Plan for the South Campus of the Greensboro Center for Innovative Development, the Joint Millennial campus of UNCG and NC A&T was considered two month after May Board of Governors approval of Lease of alleged Joint Millennial Campus and three

month before alleged Lease of Joint Millennial Campus was considered by the Council of State. Chancellor Sullivan introduced John Merrill, Director of the GCID, and gave a short history of the Joint Millennial Campus to the new members of the Board of Trustees. John presented a power point presentation of findings of the consultant firm working on the Master Plan for the campus. John Merrill then requested approval from this Board of the Master Plan for the South Campus of the JMC (75 acres adjacent to the NC A&T Farm).

August 31, 2006 Action Item Background Information says " In January 2006, a ground Lease was approved and recommended for approval by the Board of Governors.. .of the properties identified as the JMC."

Master Plan for the South Campus of the Greensboro Center for Innovative Development, the Joint Millennial campus of UNCG and NC A&T August 31, 2006, Action Item Background Information contradict The Board of Governors approved, the designation of the land (formerly the Central School for the Deaf) reallocated to the Board of Governors by the 2003 Session of the General Assembly and a 75-acre parcel of land currently comprising a portion of the NCA&T State University Farm as a Joint Millennial Campus. The Boards of Trustees of NCA&T and UNCG are requesting permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development.

Board of Governors' 2023 document institutions with millennial campus designations and the UNC System, does not indicate a NCA&T/UNCG Joint Millennial Campus (Gateway Research Park).

Greensboro Center for Innovative Development Executive Director John Merrill,

UNCG Counsel Skip Capone, and State Property Office knew or should have known no statuary NCGS: 116-198.34. (8b) NC A&T/ UNCG Joint Millennial Campus was designated Oct. 2003 enabling Greensboro Center for Innovative Development, Inc. to administer the educational, research, and economic development mission of a Joint Millennial Campus. No lawful leased was executed by Board of Governors to the Greensboro Center for Innovative Development, Inc. for NCA&T/UNCG JMC for Session Law 2003-284, Section 6.20, land and facilities and 75-acre parcel of NC A&T Farmland. G.S. 116-198.34(5) exemptions did not apply to GCID Lease with USDA, as well as Lease of Joint Millennial Campus -North Carolina A&T State University and The University of North Carolina dated March 16, 2007.

[19] UNIVERSITIES TO SIGN RESEARCH Agreement, Greensboro News &Record - Wednesday, May 19, 1999 , Author: TIM THORNTON Staff Writer

The Millennial Campus statue required an expressed determination universities had the fiscal

And another $10 Million dollars for land acquisition, site preparation, and engineering,

Bowles contacted David McCoy State Budget Officers, Office of Management and Budget pursuant funding to Gateway Research Inc.

State Construction Laws Were Amended Based on Fraudulent Allegation Gateway Research Park was a Joint Millennial Campus

SESSION LAW 2008-204 [SENATE BILL 1925]

UNC System/ State Property Office "Raleigh Two Step !

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